Theft Flashcards
What is theft?
Theft Act 1968: definition (s1)
- ) The appropriation
- ) of property
- ) belonging to another
- ) with the intention to permanently deprive
- ) D must have been acting dishonestly
Actus Reus of theft?
- ) An appropriation (s3)
- ) of property (s4)
- ) belonging to another (s5)
Mens Rea of theft?
- ) D must act dishonestly (s2)
2. ) with an intention to permanently deprive (s6)
s3: Appropriation:
-Assumption of rights but not all rights:
R v Morris:
Facts: -D switched labels on goods to purchase expensive items at a lower price
Judgment: Guilty
L.P: When swapping labels assumed a right of the ower (to price goods)
-No need for appropriation of all rights
DPP v Gomez
Where D tricks V appropriation will be found, regardless of V’s consent
R v Hinks
Consent is not a valid excuse if dishonestly induced
-FOLLOWING GOMEZ
R v Rostton
Facts: -D trespassed onto a golf course and took golf balls from the bottom of a lake
Judgment: Guilty
L.P: Although owners did not intend to collect balls they still maintained possession and control over them
R v Turner ( no2)
Facts: -D had his car repaired at a garage, then took car without paying the bill
Judgment: Guilty
L.P: Garage was in possession and control of the car so although D was legal owner -> he still took property belonging to another
R v Velumyl
Facts: -D took money from company safe, intending to return it after the weekend
Judgment: Guilty
L.P: -Not intending to return exact notes or coins
-> Intention to permanently deprive employers of original coins
Ivey v Genting Casinos
Facts: Professional gambler was using a method of edge sorting
- Casino refused to pay because they said he was cheating
- D denied because he said he wasn’t dishonest
Judgment: Guilty
L.P: Ghosh test of dishonesty overruled
New test:
- ) What was the accused’s actual state of mind?
- ) Would this be considered dishonest by ordinary and reasonable people
Oxford v Moss
Confidential information contained did not amount to intangable property
